The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1887-12-28

ior .tee lands first herein before describ-
cd,subjt to the aforementioned liens there
on, In q parcel, aud next In order the $40
acres l,y above described. Before nc
ceptinghy bid which may be offered for
the said,al estate said Coinmis sloner will
require b person or persons making such
bid 10 desit with him one per centum Of the
purchasdrice OF the said real property, and
II such Itchase price shall be less than ST.
900, 900 tn enough In addition TO such one :
per cent? TO make deposit equal TO the
sum Of 5000, the SAID deposit 10 be made
either inlsh or by u certified check upon
solventank
Any paonal properly which belongs to
the said efendant The Francklyn Land
and Cattl,Company which shall not have
been soldS the complainant herein under
the apprd' of this court prior TO the
date Of I, said sale shall then be Of
fered fol sale by the said Special
Commissl Ter, and ten per cent Of the pur.
chase pricpf such personal property shall
be deposit in cash with the said Commits
sioner.
As soon, the sale shall have been made
by the ~ Special Commissioner under :.
this Decro{he will report the same to ~
court for onfrmation, certifying "a
court the tmpllance by the purchas
purehaseryith the conditions hereinl
mentlonedthe Decree providing Il
the bid sha be accepted by the court
the party mixing the same shall fail TO conf
ply 9Th allhe conditions and all the or
ders OF the ,urt made and to be made in
respect theiof, then the sum so deposited
shall be fortified and shall be applied to
the payment the expenses of resale and
the costs ofthis cause, and for the pay
ment of the onds aforesaid, rs the court
shall order.
In case anbid shall be rejected by the
court, the deDsit made by the bidder shall
be returned tthim.
The parts ( the Decree following are
published for le information of bidders.
.'If any bidr bids shall be accepted and
acknowledgedy the cortland all the condi-
lions of the SO shall be fully complied
with by the purchaser or purchasers, and II
the person or PRISONS making such bid shall
perform all sub conditions as the court
shall accept us acient for the time being.
and when the court shall. so
order. the std Special Commissioners
shall make to sub purchaser or purchasers
II deed or "deed of conveyance and trans
fer of all the prperty sold by HIM under
this decree, and lereupon and from thence
forth the purchter or purchasers of the
property hereinbdore so ordered to be sold
shall be investedWith, and hold possession
of aud enjoy the laid mortgaged premises
and property. andall the estates, rights, IT,
ties and iuterestsoertaining thereto, rs ful-
ly and freely rs ID defendant the Franck-
Ign Land and Cate Company now holds or
enjoys, and at thd time of the commence
ment of this suit cid and enjoyed, or is or
was entitled to hid and enjoy the same
and, further, that b. purchaser or purchas-
ers shall have and be entitled TO hold the
said property free and discharged from the
claims OF all parts TO this suit, including
the complainant aDlal interyenors herein"
1t is also provided in the said decree as
follows:
THE balance OF he purchase price shall
be paid to the sait Commissioner within
thirty days from tha day of sale, the Court
reserving the right 10 resell the premises
and property herein directed to be sold on
the failure of the purchaser or purchasers,
or heir assigns, to ompl;' within ton days
with any further ord,r of the Court In that
regard and to make the further payments
of the balance OF thcpurchase prlce at the
time herein specified and in the manner re-
quired by the said Special Commissioner"
"The balance br the said pur-
amount thereof, MY be paid either
in cash or in the aforesaid bonds or over
due coupons belonging thereto. secured by
the said mortgage or deed of trust and sup
Elementary mortgage SO made by the the
said defendant, The Erancklyn Land and
Cattle Company. as aforesaid, to the said
Trustees, the said bonds being received NJ
such price Of value as will be equivalent to
the Just share or dlsiributive amount OF
the net proceeds of such sale that the hold q.
or or holders thereof would be entitled to
receive in case the entire amount bid were
paid in cash; and if such flstributive
amount OF the net proceeds shall be less
than the amount then due upon the said
bonds, the said distrbutive amount to
which the holder or holders OF the said
bonds would be entitled shall be receipted
upon the said bonds respectively.
:" And it is further provided that the said
Special Commissioner at the time OF making
such sale may, ii he believes that bidder
at such sale is not bidding bona fide and
with ability to comply with the terms of
the same, require such bidder before the
property is knocked down TO MIN to furnish
satisfactory evidence OF his ability TO pay
the cash portion of the purchase money as
herein provided for"
And 1T is further provided that the
Commissioner making such sale may either
or by some other person to be
designated by him to act in his name, and
by his authority, adjourn the sale
from day to day 'and from week
TO week without further advertisement, but
only on the request of the complainant, or
his solicitors, or by order Of this court, or a
nudge thereof"
And 1t is further provided that "upon
such sale any of the parties TO this suit, or
any holder or holders Of the aforesaid bonds
issued by the said defendant The Franck-
Iyn Land and Cattle Company, shall be In
titled to bid for, and to become the pur-
chaser or purchasers of, the property SO
decreed to be sold."
For further information persons prOpos-
ing to bid are respectfully referred TO the
said dccreee entered in this suit in the Of
flee OF this court ut Graham, and also filed
inthe office the clerk oi.this court at Dallas,
Texas, and of which decrec certified copies
NAV be seen at the Office OF Russell Bene-
diet, Esqre., conns,l Tor the complainant,